U.S.-Iraq Deal Could Mean Jail Time for Contractors

Not too long ago, private security contractors in Iraq had a get-out-of-jail-free card; they could run around the country, without a chance in the world that they could be prosecuted for anything they did. A draft of the U.S.-Iraq security deal, now making the rounds in Washington and Baghdad, could change all that. Guns-for-hire in Iraq could suddenly find themselves facing time in an Iraqi prison, if they broke the local laws.

The agreement has not been finalized, but it seems to point the way to an eventual drawdown of U.S. combat forces — perhaps as early as 2012. One of the major sticking points for the status of forces agreement (SOFA) has been the legal status of U.S. troops — and the contractors they bring in tow. Sen. Carl Levin, chairman of the Senate Armed Services Committee, said he would reserve judgment on the deal until he could more closely review the legal safeguards for service members. "It’s critical that our dedicated men and women in uniform serving in
Iraq have full legal protections and are not subject to criminal prosecution in an Iraqi judicial system that does not meet due process standards," he said.

Defense Secretary Robert Gates told reporters Friday there was "not a reason to be concerned" about the legal status of U.S. troops in Iraq. "I can tell you that Admiral Mullen, chairman of the Joint Chiefs of Staff; General
Petraeus; General Odierno and I are all satisfied that our men and women in uniform serving in Iraq are well-protected."

Ahem. Aren’t we forgetting something here? At this point, contractors match the uniformed military, one for one. And the U.S. government depends on a small army of private contractors to guard bases and protect diplomatic personnel. Hamid Al-Bayati, Permanent Representative of Iraq to the United Nations, told Danger Room that security contractors would fall under Iraqi jurisdiction. "There will be no immunity for private security companies; they will of course be subject to Iraqi law if they make mistakes," he said. "But the U.S. forces are different; they have immunity at certain times and in certain places."

So long, Order 17; Iraqis will be happy to see you go. But we here at Danger Room would love to hear whether contractors think this is a raw deal. Will you split on December 31st? Are you hoping that State will start handing out more diplomatic passports? Or do you think the deal won’t go through?

In a public statement posted on semiofficial government Web sites, the United Iraqi Alliance, which represents several powerful Shiite parties that back the government said they could not endorse the pact as written and wanted amendments…

"The alliance asked the prime minister to reopen the negotiations with the Americans and try to modify the pact until it becomes acceptable to us," said
Sami al-Askari, a leader Prime Minister Nuri Kamal al-Maliki’s Dawa Party.

Shiite backers of firebrand cleric Moqtada al-Sadr also took to the streets this weekend to protest the deal. They’re probably not too upset about the parts of the agreement that cover contractors.